Wishom v. Anderson

District Court, E.D. Virginia

Wishom v. Anderson

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division CHRISTIAN AMADI WISHOM, Plaintiff, v. Civil Action No. 3:23cv26 SUPERINTENDENT ANDERSON, et al, Defendants.

MEMORANDUM OPINION Plaintiff, a former Virginia inmate proceeding pro se and in forma pauperis, filed this

42 U.S.C. § 1983

action. In order to state a viable claim under

42 U.S.C. § 1983

, a plaintiff must allege that a person acting under color of state law deprived him or her of a constitutional right or of a right conferred by a law of the United States. See Dowe v. Total Action Against Poverty in Roanoke Valley,

145 F.3d 653, 658

(4th Cir. 1998) (citing

42 U.S.C. § 1983

). In his current Complaint, Plaintiff does not identify the particular constitutional right that was violated by the defendants’ conduct. Plaintiff's current allegations also fail to provide each defendant with fair notice of the facts and legal basis upon which his or her liability rests. See Bell Atl. Corp. v. Twombly,

550 U.S. 544, 555

(2007) (quoting Conley v. Gibson,

355 U.S. 41, 47

(1957)). Accordingly, by Memorandum Order entered on July 19, 2023, the Court directed Plaintiff to submit a particularized complaint within thirty (30) days of the date of entry thereof. The Court warned Plaintiff that the failure to submit a particularized complaint would result in the dismissal of the action.

More than thirty (30) days have elapsed since the entry of the July 19, 2023 Memorandum Order. Plaintiff failed to submit a particularized complaint or otherwise respond to the July 19, 2023 Memorandum Order. Accordingly, the action will be DISMISSED WITHOUT PREJUDICE. An appropriate order will accompany this Memorandum Opinion.

Date: B-20- S004 M. rif Richmond, Virginia United States District Judge

Reference

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